A Guide to Determinations and Appeals

Further Guidance

46. Local authorities, together with approved inspectors where appropriate, have the statutory duty of carrying out the building control functions and procedures in the 1984 Act and the Building Regulations 2000. Except for determinations and appeals, the DTLR and the NAW have, in general, no direct role to play in that process (although there are default powers that may be applied in exceptional circumstances).

47. It follows that the DTLR and the NAW cannot normally intervene with the general running of the building control process operated by the building control body. However, the DTLR/NAW may be able to help by giving general guidance on the 1984 Act, the Building Regulations and Approved Documents and with further advice, if needed, on the determinations and appeals procedures (address and telephone numbers etc. are at Annexes B and C). But it must always be borne in mind that it is for building control bodies to interpret and apply the regulations in the first instance and ultimately for the courts. As advised in paragraph 8, it is also open for you to seek independent professional advice on your case if you consider it necessary.

48. Previous determination and appeal decision letters issued by the Secretary of State/NAW may assist you with your particular case. Copies of these letters - with personal and location details removed - are available on request from the DTLR or alternatively can be found on the DTLR website (now Communities and Local Government):

Copies of the 1984 Act, the Building Regulations 2000, the Building (Approved Inspectors etc) Regulations 2000, and the Approved Documents can be purchased from the Stationery Office, PO Box 29, Norwich NR3 1GN (Tel: 0870 600 5522). The DTLR and the NAW jointly publish a free explanatory booklet on the purpose and operation of the Building Regulations. Copies may be ordered from DTLR Free Literature (address and telephone number etc. are on the front cover of this guide). Most of these publications - including this guide - are also available on the DTLR website (now Communities and Local Government).